OFFICE OF T’HE AlTORNEY GENERAL ?F I?=! 

AUSTIN 

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QlLIALo c. Wlna 

rrm!mn omlsmu. 

Honorable Jeff Di StLnion,:V'i&-Chairman 

State A#alre Oommltt,eo,~ " 

"The teriioonund oarrler' tieawd any aldrart..; "~ 

oarriiaywhioholds ,itaplf ou<to,the gsneral:pubLio : 

to engage in.'the.:tran~portation.ln intras$ate"oommerfe : 

by ulroraft. o$.‘,periaone or, ,pr~p~e~~~ or tiny' ,olaoe or 
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Eonorable Jeff D. Stinson, Vloe-Chalrman Page 2 

olasses thereof for oompensatlon or hire whether over 

regular or irregular routee, airlanes or airways. 

“The ters * oontraot oarrler’ means any aircraft 

oarrier whioh, under Individual or speoial oontraots 

or agreements, engG’ges in the transportation,’ in intrastate oommeroe, by .airoraft of persona or propsrty .for 

oospensation or hire. 

The bill provides that no alroraft oarrler shall 

operate within the State, either as .a oommon oarrler or as 

a oontraot oarrler, without. obtaining a oertifioate of eonvenlenoe and neoesslty~from the Railroad Comuisslon. 

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Seotlon 16, of the &ot provides in ~parb: 

“The purpose of this Act is to regulate the operation ,’ 

:and navigation of airoraft used- in .this State to traneport 

persons or property for hire in intrastate oomme2o~e;. . .” ~,’ ‘

Wltbout~ a given faot sltuatioq be&e. us. we o&ot 

oategorioally answer your question. It is oonoelvable that 

oertain ,oontraots might be made between farmers and airplane 

operators, whloh.‘would bring the operator thereof within the ‘~’ 

purview of the bill. The individual oontraote should be 

-made subjeot to sorutlny for the. purpose or asoertainlng 

whether or not euph oontraots provided for ~the transportation 

or property 3or hire, however, we do not believe that a oontraot entered into by and between a f’armer and an aikplsne 

pllor or oommer’oial airplane operator by which the pilot or 

operator obligated himself to spray or dust poisons upon the 

farmer*s crops for. an ‘agreed oonsideratlon, would bring the 

operator thereof within the’regulatory p~lovisions of the bill. 

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We do not believe that he would be oarrying .*persons or, property 

ror oompensation or shire*. Ris oontraot .yould be one ,for 

eerviog ( “,The ,oarryj.ng or transporting ,of. suoh~ poisons would 

be but jnotdental to ~the performanoe of his o~ontraot~ for service;: 

.. i Ry,,‘supplemental &quest from RonoFabie John Lee ‘Smith, 

Lieutenant: (Governor, we are requested to render-an opinion as 

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to whethei?‘,:or~not private fliers of alrorait.and also owners 

of. alroraft.:.whoave been in, the business of ~flylng persons 

for hire ,ov’&r,‘iTregular routes and irregular. schedules to tiy 

point or:. po$tit.s .in: Texas : would oonie uuder the grandfather 

olauee .@‘#j.t&~~ ayqtion rour or seotlon five o$ saia bill. ,. 
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Honorable Jeff D. Stinson, Vioe-OhaIrman Page 3 

*After the effective date of this Aot no aircraft. 

oarrler shall operate as a oomuon carrier in intrastate 

oonuneroe without,first having obtained from,the Co3mission , 

under the provisions of this Aot, a oertifioate of publio 

convenienoe and neoessity pursuant to a finding that the 

public convenience and neoessity require such operation. 

Provided, however, If any such oarrier or Dredeaessor in 

interest was in bona fide ~operation.as a common carrier 

by aircraft on Deoember l;.1942i over ,the routes',.airlsnes. 

an6 airways.or;w%thin the territory for which application 

is made and has so operated oontinuously sinoe that time, 

the Commission sh&Ll.lssue such oertificate without requiring further proofthat public oonvenienoe~ and neoussity 

will be served-by suoh operation , end without furth‘er pro-. 

. 

oeedings, ifapplloatlon is made for suoh oertifioate to 

the Commission, in oomplianoe with'this Aot within 120 

days ,after,the effective, date of this Act. ,If,suoh appli-, 

oation is'timely filed as required herein~the applicant 

shall be~entltled to continue to operate, until his applioation Is,aoted op by the Commlsslonr 

: ?After~,the effeotive date of this Aot'no airoraft 

The bill referred to by the Lieutenant Governor Is 

Senate Bill 61, whloh is the identloal bill oonsldered hereinabove, 

We believe the private fliers and airoraft owners 

mentioned are.within the #iview of the bill. and subjeot to 

regulation thereunder... '. 

Seotlons four and five of the bill deal with ooamon 

oarriers and contraat oarriers and read as follows:. 

oarrier shall pperate as a.oontraot carrier withoutfirst . 

having'obt+ed from the Commission a'oontraot oarrier 

pernit issued in complianoe with the requ,irements of this 

Aot, pursuant to's finding by the Commission that the 

proposed~operation will be oonsistant with the~publio ,. 

interest; .Provided, however, if any suoh oarrier or 

prOdeoess,or in interest was in bona fide operation as 

qontraot: oarrier,by airoraft on Deoember.l, 1942, over 

thtiroutee,.airlaneo~ and airways or within the territory 

fo,ti,whi@,applloatlon is -de and has so operated oon- 

~tlnuousfy sinoe~that tine; the Commission shall issue 

'I. su.& permitwithout further prooeedings lf applloation 

~,.' ~+s'made to the~Com@ission for suoh permit; in oomplianoe 

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honorable Jeff D. Stlnson, Vioe-Chair&n Page 4 ‘, 

with this Aot, within 120 days after the effleotive 

date of this Aot. If such appll6atloa ls’timely filed 

as required hereln;.the applicant shall be entitled to 

oontinue to operate until his applloation is acted on 

by the Comiss+on.. ._ 

We do not determlne whether the’ aircraft oarriers 

inquired about are oommon oarriers or oontraot oarriers. That 

would depend upon a more detailed. desoriptlon of their method 

or operation. It 1s our opinion, however, that they would be 

entitled to the benefit afforded by the grandfather clauses of 

seotlon four or rive, depending upon a prior determination of 

the oategory into whloh they should fall. . . 

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: ,,~., ..,‘.. .,-.,..‘.’,, 1~ ~~Yours ‘vel’y~ truly ’ 

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‘,‘:;y ,_:. :.‘- ,::. * ;BTpoRNEY GliwERu OF TlEQs 

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., ~. ~By. ,i~..‘L~..t’ :.~, Dyd mtrong 

: AsSistant 

Lfbnob ” ~. \.;.,.b~~ - ,..,‘,~.,.:) ‘>::.;.;;” I, : ,’ .~ ._ 

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hod APPROVEQ Mm. ~26,; .x343 ',. : ~' ~. ~1 i .~' ~: ~. in 

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